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Weekly Work hours - Ontario

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  • Weekly Work hours - Ontario

    This question pertains to Ontario, Canada law.

    I am a salaried (non-manager) IT professional. So I know the ESA has my profession exempt from OT, Weekly hours, Rest periods, etc.. But here is my question/situation:

    My employment contract is stated for 40 hours weekly. The company wants me to be part of an on-call rotation (normal for this industry). The difference is the company wants the staff to work their normal 40 a week (M-F,9-5) then be on standby (reachable within 15 minutes) for the remainder of the week (M-F, 8pm-8am, S-S, 24 hours).

    Since the ESA has me exempt on an OT and Work hour basis, is there anyting I can do? Can the company legally ask me to work 100+ hours in a week and I have to accept it of find another job?

  • #2
    Yes this is legal in Ontario, in fact it's pretty normal for IT professionals, especially those in Toronto.

    (Please note too that "on-call" doesn't mean the same thing as "working.")


    • #3
      Just for the record, this is a US based forum. US law and Canadian law are NOT the same.

      We are lucky in that we have eerelations, who does know Canadian employment law. But for the most part, asking a Canadian law question on a US board is more or less pointless.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        I saw this yesterday & was hoping eerelations would come along shortly (usually does) - thought I would wait & see.
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